Overpayment and Recovery in UK Law

  • B v Secretary of State for Work and Pensions
    • Court of Appeal (Civil Division)
    • 20 juillet 2005
    ... ... appellant had been entitled but which she had not claimed, the overpayment amounted to £4626.74, and this sum the Secretary of State claimed an ... " meant that innocent failures of disclosure could result in recovery ... 11 The Commissioners concluded ... ...
  • R (Child Poverty Action Group) v Secretary of State for Work and Pensions
    • Supreme Court
    • 08 décembre 2010
    ... ... revision the Secretary of State is entitled to recover any overpayment resulting from misrepresentation or the non-disclosure of a material fact ... But does section 71 provide an exclusive code for recovery? That is the question ... 2 In short, what is in issue in this ... ...
  • R v Secretary of State for Social Security, ex parte Britnell
    • House of Lords
    • 14 mars 1991
    ... ... for him, has throughout used due care and diligence to avoid overpayment." ... 2Regulations made under subsection (3) provided inter alia for the recovery of overpayments out of other benefits under the Act, that is to say ... ...
  • Department for Works and Pensions v Michael Richards; R v Michael Richards
    • Court of Appeal (Criminal Division)
    • 03 mars 2005
    ... ... for Works and Pensions ("the Department") enclosing an "Overpayment Decision" made under Section 71 of Part III of the Act and the regulations ... the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 ("the Regulations"). Regulation 13 requires certain ... ...
  • R (Balding) v Secretary of State for Work and Pensions
    • Court of Appeal (Civil Division)
    • 13 décembre 2007
    ... ... the Secretary of State for Work and Pensions to recover overpayment of social security benefits by deductions from prescribed benefits ... In the meantime the Secretary of State began recovery by way of deductions from prescribed benefits payable to Mr Balding. The ... ...
  • R (Balding) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 03 avril 2007
    ... ... of State might, without prejudice to any other method of recovery, recover overpayments by deduction from prescribed benefits; and that ... of Mr Balding's discharge from his first bankruptcy, the overpayment ceased to be recoverable. The matter was debated, with no particular sense ... ...
  • R (Larusai) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 12 février 2003
    ... ... he was entitled to recover from the claimant, it being an overpayment secured by her fraud or misrepresentation, by the amount of a notional ... , namely Social Security (Payment on account, Overpayments and Recovery) Regulations 1988, plainly made under the predecessor of this statutory ... ...
  • R (Child Poverty Action Group) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 27 février 2009
    ... ... with a valid determination and where the pre-conditions for recovery under Section 71 are not met. Factual Background ... that he has a common law cause of action to recover the overpayment. The letters (with some variations) are in standard form, and are ... ...
  • Commissioners of Customs and Excise v DFS Furniture Company Ltd (No 2)
    • Court of Appeal (Civil Division)
    • 16 mars 2004
    ... ... Section 80 is concerned with recovery of overpaid VAT. It provides the means by which a taxpayer can recover an ... succession of claims and cross claims: (a) a claim by DFS for overpayment of VAT; (b) a refund by the Commissioners in respect of the overpayment ... ...
  • Secretary of State for Work and Pensions v Chitern District Council and Warden Housing Association
    • Court of Appeal (Civil Division)
    • 26 mars 2003
    ... ... 2 The case concerns the recovery of overpayment of housing benefit. The parties to the appeal before the ... ...
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